Bombay HC bench of Justice AK Menon and Justice SP Tavade will be hearing a writ petition filed by Varavara’s wife (Pendyala Hemalatha Rao) seeking his immediate release from Taloja Jail so that he can be under his family care at Hyderabad.
In the case the petitioner has questioned that whether not releasing the 81 year old from Taloja jail who is found to be seriously medically unfit amount to cruel, unusual and degrading treatment, and in violation of his fundamental right of Right to life and liberty u/a- 1 of the constitution of India.
The apex court already directed the Bombay HC to list the bail application of Varavara Rao on medical grounds and hear it at earliest, it also showed concern on not doing so. It also directed to take up the plea filed by his wife who seeks immediate release on medical grounds.
Petitioner also said that the 81 year old has serious threat to his life in jail on medical grounds and he may also lose his life in jail if ignored by the respondents.
His wife also alleges that if there is failure to provide appropriate treatment to her husband, the state has violated his Fundamental right u/a- 21 of the Constitutions of India read with articles- 7 and 7 under International Covenant on Civil and Political Rights and article 12 under International Covenant on Economic, Social and Cultural Rights recognized and incorporated in Human Rights Act, 1993.
The plea also states that- “It is an undisputed fact that the Petitioner was abruptly discharged from Nanavati hospital on 28th August 2020 when the HC matter was scheduled for a hearing on 30.10.2020. Ever since he has been kept in Taloja jail, bed ridden, on diapers and a urinary bag with two co-accused as his 24-hour attendants. He can move only in a wheelchair and is mostly bed-ridden.”
